Show R vasia HIT mi ri iAia ij tiie jurat box at laist FUN AND CASE COMMENCED the attorneys make statements of what they propose proving court resumed this morain at 10 chas kiesell was on the charge of a deadly leaion a georda d esk until 1 morrow morning to plead james mann and jamea beio arraigned and plead noi brilty air H SI warnera War nerv as app anted as their attorney J J wange wag belling liquor on sunday he plead guilta and was fined 50 joseph S le and john Hicl cey charged with rides on the eio aran da railroad plead cuilty and ere fined 25 each the paneling em of jurors in tha hite murder caad proceeded arith the clerk called the following names of those on special venire L eph roberts N butts L K stewart S 0 mitchelle sew ell tom maggire Mag nire A W mek john evert B b armstrong R P hanter and elmer S morton were examined as to their tory and mr hiles then proceeded to examine ona at a time for cause A W meek waa the first hia judgment be influenced by what he read and heard about the case rie was L holbrook was questioned as to his knowledge of the case had formed no opinion he wis subsequently aej peremptorily by the alfans Ae fans defense demanded that he be filled exerlia n another challenge court overruled the demand and counsel excepted hurst who took the box yeste reil and was passed was now accepted aas sworn this made the eleven wh were accepted and iwori thos maguire was next examined he had read and bieard of the case and h ad a fixed opinion as to the ailt or of the accused but it might oe removed by evidence had met with cass hite in salt lake slightly acquainted quain ted with him to mr zane aly opinion at present is a fixed one mr zane we challenge the juror andge rowers we deny the challenge juror to court it would be difficult for me to remove kiy present impression to jude powers my impression has been formed merely through read ing and could be removed after dearine the evidence court overruled the pra seu ution however challenged peremptorily and he was excused it L armstrong had read and talked with three who knew about the case to mr zane from what I 1 read and heard had formed an opinion by the prosecution to judge powers could my mind oi impression and decide according to the law and the evidence yass I 1 would have to judge powers we deny the chal lange to the court I 1 dont know whether I 1 am an impartial juror or not I 1 dont think I 1 could give an impartial verdict challenge was sustained judge powers uror who still insisted holeva that ha did not know whether he could decide tilly or not defence still denied the challenge cha llense and took exception to therul ins of t he court R r hunter had heard of the case read loput it and an impression was mada on bis to mr zane it might ba bard to remove the impression the prosecution challenged cause resisted to the court I 1 cant say whether 1 I could decide impartially challenge sustained exception taken by defense N H had beard of the cabe was familiar with it and had expressed an unqualified opinion aa to the merits af the case it his yer daut juror challenged by the prosecution for cause judge powers juror in hand and finally denied to the court 1 dout thick I 1 could decide impartially challenge was sustained john averett resided in Hooper had talked witha gentleman george knirr who seemed to knowd all about the case he was pen challenged by the ano challenges still left at were 6 forthe prosecution and one for the nac elmer a morion bad never heard oi ahe caad he lived in agian came formerly from denver juror ach allenger allen ged by the prosecution prose culion 2 edward sewell was after examination challenged by deans md ex cased this exhausted the fifteen challenge s for the eupert baits heard and read of the a la t the guilt or innocence of lae defendants fend ants boua throw ide opinions and decide according to tha iw and evidence to mr zane came from low worked there in the coal raina had cu cabb described to me by a aan at lower crossing mut now had a fixed opinion though he would consider the oyid ence jurors was accepted and sworn this completed the panel aar haies wa the right of at defence 0 challenge another barr on i h e ground that ench defendant ifa th p lar 0 united tomake separate elial lente t d fanfant dargesa and defendant er and be therefore moved for th ex arciee of the motion wa tion iras taken i the clrk read the indictment tho defends rita cacis hite william shafer and joseph aith the mardar 8 sine then addressed tha ury defendants hada leri f the crime of killing adocph thy parties wera all riv jn operations opera tiona cloae r bes ath denter andt bere kahlor and drake had been sating to what ha d his comry he re turned to oreen eiver cd of founding up colilar and drake and OB the evening of th i ath 01 september they ct r af r br teather teg ther with burgess afia hafer Hixt morning caad hito was beara to say that he would round up drake and K ibler drake heard of this and in formed kohler who went to a man named brown and borrowed from him a winchester rifle kohler went to his to birding heuie the rifle was loaded with ten cartridges cat ridges when given to him and when he went to his lodging place ase did so without any apparent purpose of getting into le with hita but r with a desire to avoid trouble in le ha said he wanted n difficulty the oa the th hita burgeess burgees and went to the cabin where achler eta ed drake was at the house with kohler bouler baw the three men comine toward tho cabin and he went tun hite came in and sat on the edge of a chai with djs hand on his revolver which was in his right hip pocket he said put your gun down and lets talk it over kohler ethod there with his title in his hand hite raid any man who will carry a winchester is a god d d a b kohler replied in a similar way with that hito sprang up fired two eh its from his revolver at kobler who drew back and ent bound the cor of the trouse and tired the evi benca would show that hite falbo fired at drake hitting him in the arm kohler dropped his line which was afier wora picked UD and found to contain mst nine bullets which will be proven by court teok recess till 2 in the corn t room had considerably ince the morning session the jury were ia their places promptly ou time all answered to their names whoa the roll waa called his honor juane hia seat on the bench a few after 2 the case ot the people vs caas bite t al was resumed b mr biles 81 dressing the jury he said there was but one aide to the case aud that was the side of rhe defense there ia nu ide to tbt caad of the prosecution there may be persons put on the stand that will give color to the opening maent of the prosecution speaker warned ta e jury against treachery ahey arc not bound to accept they hear N when they shou icar any statement mey should reuell and ask their own minds if such statement is it ia the fiuty iury to harmonize if possible the conflicting statements of wic nas aesa and when they found any wit ness bad testified falsely thy should disregard aalthe testimony of auch ak unless it ia anatoly corroborated in coply tu fie indictment mr HI CJ gaid hite ha 1 killed kohler in self delc nae it auld bo rudd that there was conspiracy on the part of kohar and others to kill hits it will be proven that burgess and shafer bad no more to do with the death af kohle than the jury had and it will be shown that they were indicted with hite simply for the purpose of discrediting their testimony it would appear that hite bad interest inand waa placer mines ef green driver thai ather had interest in property adjacent last spring kabler was incensed against hite because he had exposed the of bis mining pro party kohler in consequence con ca T d dea ily ha toward hite an 1 said in the presence pie sence of several witnesses that cass hite returned from Den verbe would kill him it will be chewn that kohler made hie will about that time proving that he expected to be engaged in a deadly struggle idita started from denver and on ar rivine at grand junction was met by his brother john who told him of the threats against him lie said cass if you go down there you will get killed casa however treated the threats with indifferent and went on to green eiver he arrived there 0 the evening ef september ath thac same evading he met kohler and drake in the crescent saloon it aras the common report that gass would get killed everybody toh hint of tha threat ans however invited kohler to come up and take a drink which he finally did though reluctantly lived at the hoaas of mr Gamm idse alte lived n mety yards off on the ath hite paid off bis men and about noon was aa n informed th t kohler would kill him that kohler wakat the timo hunting him with a winchester rifle he bebau to think that kohler meant to carry out big threat and thought he would eo and have a talk with him and he went there to gara gea house for the purpose of hav ing a talk with him he asked to go with him kobler by thia tini tinis s had gone to the cammidge Gam midge housa with his fen there was one of two chingo for hite to do he must either leave town or go and bee what kohler meant the most rational thing of boursy was for him to go and ask kohler lor in explanation and he went to aee him mr hiles wa addressing the jr went to press canada li te only aTO tX milea to be a large is the whole cuitti nent of enrobe it is nearly thirty tunes as large as great britain and ireland and is square miles larger than the united states paint spots can be removed from wod by covering them with a thick coating of lime and soda thia should on for twenty conr honra and ahm be washed off with warm water |